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Old 09-24-2007, 10:37 PM   #1
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Default Prosecutors to seek indictments on vick

http://hosted.ap.org/dynamic/stories...&SECTION=STATE

Prosecutor says he'll seek indictments in case at Vick property

By HANK KURZ Jr.
AP Sports Writer
Advertisement

RICHMOND, Va. (AP) -- The prosecutor in the rural county where Atlanta Falcons quarterback Michael Vick has admitted to bankrolling a dogfighting operation plans to present "a host of bills of indictment" regarding the case to a grand jury on Tuesday.

"Yes, I'm presenting matters to the grand jury that involve dogfighting at 1915 Moonlight Road," Surry County Commonwealth's Attorney Gerald G. Poindexter told The Associated Press in a telephone interview Monday night.

Moonlight Road is the address of the two story home on 15 mostly undeveloped acres that has been host to "Bad Newz Kennels" since 2001. It's where dozens of pit bulls were found in April, and where they were trained, fought and brutally executed.

"Most of the matters that I'm presenting have already been admitted in sworn statements authored by the defendants in the federal proceedings," Poindexter said.

He couldn't detail the exact indictments he will pursue, but said the local investigation and the federal investigation largely focused on different crimes.

"The killing of dogs is one of those statutory prohibitions. Dogfighting is a crime, the mistreatment of animals is a crime, so you could take your pick, or take them all," Poindexter said before cutting the conversation short. "I don't have anything else to say about it. I'm through with it. Hopefully it's coming to an end."

Vick, his co-defendants and lawyers will not attend the closed proceeding.

Efforts to reach Vick's lawyers by telephone and e-mail were not successful.

Vick and three co-defendants have already pleaded guilty to conspiracy charges in the case, and all are awaiting sentencing in federal court before the end of the year.

Vick, who faces up to five years in prison, also has been indefinitely suspended without pay by the NFL and been dropped by all his major sponsors, including Nike.

The local charges, and a conviction, could spell an end to any hope he has of resuming his NFL career after serving a likely federal prison term. An animal cruelty charge in Virginia is punishable by up to five years in prison, and he admitted in his written plea to helping kill six to eight pit bulls days before the first raid.

That alone could expose him to as many as 40 years in prison.

Vick, in his written plea, also admitted to supplying money for gambling on the fights involving Bad Newz Kennels dogs. He said he did not personally place any bets or share in any winnings, but gave his three co-defendants all those proceeds.

The co-defendants, all of whom pleaded guilty before Vick and detailed what they said was his involvement, agreed to testify against him had the case gone to trial.

The case began in late April when authorities conducting a drug investigation of Vick's cousin raided the former Virginia Tech star's property and seized dozens of dogs, most of them pit bulls, and equipment commonly associated with dogfighting.

Six weeks later, with the local investigation perceived to be dragging and a search warrant allowed to expire unexecuted, federal agents arrived with their own search warrants and started digging up dog carcasses buried days before the first raid.

Poindexter, who had been widely criticized for the pace of the investigation, reacted angrily when the feds moved in, suggesting that Vick's celebrity was a draw, or that their pursuit of the case could have racial overtones. He later eased off those comments, saying that the sides would simply be pursuing parallel investigations.
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Old 09-25-2007, 06:09 PM   #2
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Default Re: Prosecutors to seek indictments on vick

Well, Vick was indicted on some state charges (sort of)

Vick, who already pleaded guilty in federal court to a dogfighting conspiracy charge and is awaiting sentencing Dec. 10, was indicted on one count of beating or killing or causing dogs to fight other dogs and one count of engaging in or promoting dogfighting. Each count is a felony, punishable by up to five years in prison.

The grand jury declined to indict the Atlanta Falcons quarterback and two co-defendants on eight counts of killing or causing to be killed a companion animal, which would have exposed them to as many as 40 years in prison if convicted.


Local law enforcement issued this odd statement to assure everyone the grand jurors were not racists or influenced by outside agitators

The grand jury -- made up of two black men, two black women and two white women -- met for more than three hours.

''These are serious charges, and we can assure you that this grand jury was not driven by racial prejudice, their affection or lack of affection for professional athletes, or the influence of animal rights activists and the attendant publicity,'' Sheriff Harold Brown and Poindexter said in a joint statement.


No word on how Poindexter knows what motivated the grand jurors. In any event, ace DA Poindexter does not appear too distraught over the grand jury refusing to return an indictment on the more serious charges

Poindexter said he was not disappointed that the grand jury rejected eight additional charges of killing dogs.

''I'm just glad to get this to the position where it is now and one day in the not too distant future, we will be rid of these cases,'' he said.


http://www.nytimes.com/aponline/spor...=1&oref=slogin

Trust me on this - You have to be one sorry ass prosecutor to not get a grand jury to return an indictment on any charge you present to it. No bills are unheard of.

Poindexter is going through the motions to deflect bad publicity - if it was not for the Feds Vick would still be unindicted and taking snaps for the Falcons
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Old 09-26-2007, 01:18 PM   #3
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Default Special conditions placed on Vick after positive marijuana test

A urine sample submitted by Michael Vick has tested positive for marijuana, and as a result he'll have tighter restrictions on his freedom.
The test was taken on Sept. 13. Because of the positive test, federal court probation officer Patricia Locket-Ross, who is assigned to Vick, asked Judge Henry Hudson to place special conditions on Vick's release, which include refraining from use or unlawful possession of a narcotic drug or other controlled substance.

Also, Vick must submit to any method of testing at any time.

Methods of testing could include urine testing, the wearing of a "sweat patch," a remote alcohol testing system and/or any form of prohibited substance screening or testing.

Vick must also participate in a program of inpatient or outpatient substance therapy and mental health counseling if the pretrial services officer or supervising officer deem it appropriate.

Vick is also now restricted to his residence every day from 10 p.m. to 6 a.m. or as directed by the pretrial services officer. The home confinement will include electronic monitoring.

Vick pleaded guilty in August to a federal dogfighting charge. He is set to be sentenced on Dec. 10.

On Tuesday, he was indicted by a grand jury in Surry County, Va., on state dogfighting charges.

http://sports.espn.go.com/nfl/news/story?id=3037175


this dude isnt learning well..lol
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Old 09-26-2007, 01:51 PM   #4
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Default Re: Prosecutors to seek indictments on vick

Quote:
Because of the positive test, federal court probation officer Patricia Locket-Ross, who is assigned to Vick, asked Judge Henry Hudson to place special conditions on Vick's release, which include refraining from use or unlawful possession of a narcotic drug or other controlled substance.
Wow - that will really stop Vick from partaking of the bong. NOT. Do they really think at this point he cares about a diddly pot test when he is facing multiple felony charges and years in the homo house? So what's another year or two?

Quote:
Vick must also participate in a program of inpatient or outpatient substance therapy and mental health counseling if the pretrial services officer or supervising officer deem it appropriate.
DUH. He should have been placed in a locked rubber room the moment he was arrested on dog fighting charges.
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Old 09-26-2007, 01:54 PM   #5
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Default Re: Prosecutors to seek indictments on vick

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A urine sample submitted by Michael Vick has tested positive for marijuana, and as a result he'll have tighter restrictions on his freedom.
The test was taken on Sept. 13. Because of the positive test, federal court probation officer Patricia Locket-Ross, who is assigned to Vick, asked Judge Henry Hudson to place special conditions on Vick's release, which include refraining from use or unlawful possession of a narcotic drug or other controlled substance.
But, but, but he's found God, so it's all good....
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Old 09-26-2007, 02:05 PM   #6
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Default Re: Prosecutors to seek indictments on vick

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Originally Posted by Atlanta Dan View Post
[I]The grand jury -- made up of two black men, two black women and two white women -- met for more than three hours.]

[if it was not for the Feds Vick would still be unindicted and taking snaps for the Falcons
As for the jury that's to keep the Rainbow Coalition in their make-up trailers and off CNN.

A lesson for all "Criminal Law" courses across the nation. It should be mandatory for the students who are actually taking the course for the athletes to explain the difference between state and federal offenses. Bare minimum.
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Old 09-26-2007, 02:09 PM   #7
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Default Re: Prosecutors to seek indictments on vick

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Originally Posted by fansince'76 View Post
But, but, but he's found God, so it's all good....
I know. DUDE. He found God and Jesus in ONE WEEK. Meanwhile OJ is still looking for the killers

Cmon OJ. Act like you won the Heisman.
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Old 09-26-2007, 02:22 PM   #8
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Default Re: Prosecutors to seek indictments on vick

Home confinement after testing positive for stress reducing herb may be the least of his problems.

If you fail a drug test between entering a guilty plea and sentencing, many federal judges (my bet is Judge Hudson is one of them) will pull the 2 point reduction for "acceptance of responsibiity" (the reward for pleading guilty and not going to trial) of the offense level used in calculating the advisory sentencing guildelines sentence - that would take Vick to offense level 15 from level 13, which bumps his guidelines range up from 12-18 months to 18-24 months.

Of course the guidelines are only advisory post-2005 and there was some thought Judge Hudson was likely to go to or above the high end of the Guidelines range anyhow.

My bet is that Vick is now looking at 2 years minimum, which keeps him out of the NFL until at least 2010 - what a complete f***ing idiot
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Old 09-26-2007, 03:29 PM   #9
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Default Re: Prosecutors to seek indictments on vick

You hit it exactly right, Dan. How stupid can he possibly be? If ever a time in his life qualified for choirboy behavior, it's now. He could have done himself a lot of good by staying completely invisible between his conviction and sentencing. Was a couple months of perfect behavior too much to ask? Apparently.

I guess God and Jesus, after Vick found them, didn't bother to tell him that smoking marijuana qualifies as illegal behavior, because, you know, where Vick comes from, they don't understand that marijuana is any big deal (like dogfighting, which is just a sport in the Newz).

Come December, he has to face an already tough judge who has hinted that his sentence could be more time rather than less. Somehow I don't think this latest screw-up is going to help a plea for leniency.

Look out, everyone....an announcement from Vick's attorneys about his checking into rehab should be forthcoming.
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Old 09-27-2007, 07:33 AM   #10
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Default Re: Prosecutors to seek indictments on vick

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Originally Posted by NCSteeler View Post
As stupid and diserving as Vick is, I'm not a fan of the government double dipping. I think if the Feds run a case against you it should cover all charges and the state should not be able to indict for charges similar or involving the same crime.

I agree with you on the state prosecuting when the Feds already have a conviction (sometimes the Feds have to come in when the Stae screws up its case, which I agree with under those circumstances), even though it is constitutional since the State and U..S. are dual sovereigns and the concept of double jeopardy does not apply.

But in this case, Poindexter is simply enegaging in PR to cover his sorry mishandling of the case before the Feds took over. Any state sentence will run concurrrently with Vick's federal sentence. IMO Poindexter intentionally went in the tank did such a rotten job of presenting the more serious state charges to the grand jury that they refused to return an indictment on those charges that might have resulted in serious state time.

Vick will never serve a day beyond whatever sentence Judge Hudson imposes on the federal charges.
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